Pubdate: Tue, 20 Feb 2001 Source: Ottawa Citizen (CN ON) Copyright: 2001 The Ottawa Citizen Contact: 1101 Baxter Rd.,Ottawa, Ontario, K2C 3M4 Fax: 613-596-8522 Website: http://www.ottawacitizen.com/ MEN ACCUSED OF TRAFFICKING MARIJUANA TO TEST LAW Montreal Men Accused Of Trafficking Marijuana For Medicinal Use To Test Law MONTREAL (CP) - Two men accused of selling marijuana for medicinal use will argue the law against trafficking is unconstitutional and prevents the chronically ill from getting the drug to ease their suffering. Marc-Boris St-Maurice, the 32-year-old leader of the federal Marijuana Party, and Alexandre Neron, 22, appeared in Quebec court Monday for their trial on possession and trafficking charges. They were arrested last year after police raided the Compassion Club in Montreal and seized 66 grams of marijuana. The club, one of several across the country, provides marijuana to members who demonstrate a medical need. Defence lawyer Pierre Leger questioned police witnesses Monday about the legality of the raid. But St-Maurice said outside court the pair's main defence will be to challenge the law prohibiting the trafficking of marijuana. "We're claiming the law against trafficking is unconstitutional because it does not allow for those who have a constitutional right to use it from a legitimate supply," St-Maurice said in an interview. "And there's no legitimate supply." However, last December the federal government chose a Saskatoon company to provide Canada with a legal supply of marijuana for medical and research purposes. The $5.75-million contract requires that standardized quality marijuana be available within a year. But St-Maurice said Ottawa hasn't acted fast enough to make sure people who need the drug can get it. "If a supply is forthcoming our political activity had a lot to do with that." Since 1999 the Health Department has granted at least 140 people wishing to use marijuana for medical reasons with exemptions to the law banning its use. Last summer, the Ontario Court of Appeal declared Canada's cannabis law to be unconstitutional and gave Toronto resident Terry Parker the right to ingest marijuana to fight his epilepsy. The appeal court ruled federal law fails to recognize that pot can be used for medicinal purposes and gave Parliament one year to rewrite the drug legislation. St-Maurice and Neron have said they were merely helping people suffering from AIDS, cancer or other chronic illnesses who provided doctors' notes stating they needed marijuana to relieve pain. St-Maurice said having to fight the charges has diverted his energy from helping people. "It's a shame it has to come to this . . . We could be doing so many better things - instead of protecting ourselves we could be helping others." Several supporters wearing green ribbons to express their solidarity with the accused filled the courtroom. One supporter said he uses marijuana on a daily basis to cope with the effects of a vicious assault that left him unable to sleep or eat without the drug's help. "These people shouldn't be here," said Johnny Dupuis. "They should be free to walk out. Enough is enough - people are sick." Quebec court Judge Gilles Cadieux was expected to rule Tuesday on the defence lawyer's challenge of the search warrant that led to the police raid of the Compassion Club last year. Leger argued there were flaws with the Crown's evidence that led to the warrant. An undercover police officer testified Monday that he saw St-Maurice sell a bag of marijuana to a woman last February. - --- MAP posted-by: Josh Sutcliffe